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Name Category Published
Maas v. Superior Court (People)
Habeas petitioner may peremptory challenge judge assigned to assess his habeas petition under Code of Civil Procedure Section 170.6 even before an OSC has been issued. 		Criminal Law and Procedure Nov. 7, 2016
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' 		Criminal Law and Procedure Nov. 7, 2016
People v. Mary H.
Defendant subjected to psychiatric hold under Welfare and Institutions Code section 5150 unsuccessful in overturning five-year firearms ban. 		Constitutional Law Nov. 7, 2016
Tun v. Wells Fargo Dealer Services
Offer of tender and deposit with court by defendant not admission of guilt or liability under Civil Code Section 2983.4. 		Civil Procedure Nov. 7, 2016
Estate of Dayan
In dispute over mother's real property, probate court does not err in denying son's petition seeking conveyance of property and in finding his brother owns one-third interest. 		Probate and Trusts Nov. 6, 2016
Nickerson v. Stonebridge Life Insurance Co.
On remand, court upholds remittitur of $19 million punitive damages award to $475,000, including 'Brandt' fees that were not previously considered in fixing ratio. 		Insurance Nov. 6, 2016
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law. 		Civil Procedure Nov. 6, 2016
People v. Hannon
Victim of embezzlement has right to submit victim impact statement on appeal but may not raise new legal issues or facts. 		Constitutional Law Nov. 6, 2016
Millview Co. Water Dist. v. State Water Resources Control Board
Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.' 		Attorneys Nov. 6, 2016
Arthur v. Dunn
Order 		Nov. 6, 2016
Feldman v. Arizona Secretary of State’s Office
Order 		Government Nov. 6, 2016
Armani v. Northwestern Mutual Life Insurance Co.
Employee injured on job successfully overturns denial of long term disability benefits where district court erroneously upholds insurer's determination that employee could perform sedentary work. 		Employment Law Nov. 6, 2016
Move v. Citigroup Global Markets
Equitable tolling available under the Federal Arbitration Act; where party relies on arbitration panelist's egregiously falsified credentials, vacatur is merited. 		Arbitration Nov. 6, 2016
Brown v. Rawson-Neal Psychiatric Hospital
Appellate court declines to exercise discretion to consider psychiatric patient's appeal over dismissal of federal claims against Nevada hospital on grounds of waiver. 		Civil Procedure Nov. 6, 2016
In re New Investments Inc.
'Entz-White' ruling regarding cured default abrogated by 11 U.S.C. Section 1123 mandating that cured defaults be determined based on underlying agreement and applicable nonbankruptcy law. 		Bankruptcy Nov. 6, 2016
Matson v. United Parcel Service Inc.
Labor Management Relations Act does not preempt former UPS employee's state law gender-based hostile work environment claim where claim was not grounded in collective bargaining agreement. 		Labor Law Nov. 6, 2016
P. ex rel. Dept. of Transportation v. Presidio etc. Arts Found.
Where party seeks compensation for business goodwill lost due to eminent domain action, no single method required in determining value of goodwill lost. 		Eminent Domain Nov. 6, 2016
Goonewardene v. ADP LLC
Plaintiff should have been granted leave to amend complaint where she states claims for breach of contract based on third party beneficiary theory, negligence, and negligent misrepresentation. 		Business Law Nov. 6, 2016
Strasner v. Touchstone Wireless Repair and Logistics LP
Texas employee's posting of plaintiff's private photo on Facebook account with numerous California 'friends' does not establish specific jurisdiction. 		Civil Procedure Nov. 6, 2016
Feldman v. Arizona Secretary of State’s Office
Order 		Voting Rights Nov. 6, 2016
People v. Asbury
Imposition of time limitations for questioning of potential jurors does not warrant reversal of second degree murder conviction involving murder of former lover. 		Criminal Law and Procedure Nov. 3, 2016
In re Marriage of Cassinelli
Trial court errs in awarding civilian spouse spousal support rather than damages following ex-husband's waiver of military retirement pay in favor of veteran's disability benefits. 		Family Law Nov. 3, 2016
Feldman v. Arizona Secretary of State’s Office
Order 		Voting Rights Nov. 3, 2016
Feldman v. Arizona Secretary of State’s Office
Arizona voting law mandating in-person ballots be cast at assigned precinct polling stations does not violate Section 2 of federal Voting Rights Act. 		Administrative Agencies Nov. 3, 2016
In re M.Z.
Mother's boyfriend unsuccessful in challenging denial of his request to be declared third parent to mother's children due to lack of existing parent-child relationship. 		Juveniles Nov. 3, 2016
City of San Jose v. Sharma
Successor agency of former development agency must provide tax increment revenue not subject to bond debt to County under passthrough agreement. 		Government Nov. 3, 2016
People v. Guarneros
Car dealership owner who bilked California of sales tax revenues properly ordered to pay 15 percent in collection fees above the $310,360 restitution he must pay. 		Criminal Law and Procedure Nov. 3, 2016
People v. Chavez
Penal Code Section 1203.4 provides exclusive method by which trial court can dismiss defendant's conviction following completion of his probation. 		Criminal Law and Procedure Nov. 3, 2016
Fredrickson v. Starbucks Corp.
Federal court lacks jurisdiction over baristas' action challenging legality of Starbucks' practice of withholding taxes from paychecks based on imputed cash tips they receive. 		Taxation Nov. 3, 2016
People v. Scott
Guaranteed youth parole hearing renders juvenile offender's de facto life sentence constitutional, but remand nevertheless warranted in light of 'People v. Franklin.' 		Juveniles Nov. 2, 2016
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